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(영문) 전주지방법원 2015.08.19 2014구합2505
소청결정취소청구의 소
Text

1. The Defendant’s reprimand disposition against the Plaintiff on March 28, 2014 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 10, 1994, the Plaintiff was appointed as a teacher of Yongsan Middle School, and on September 1, 2010, transferred to the Office of Education of Jeollabuk-do, and was dispatched from December 5, 2013 to Jeollabuk-do and served.

B. On January 15, 2014, the Defendant requested a minor disciplinary decision against the Plaintiff to the General Disciplinary Committee on Public Educational Officials in Jeollabuk-do as follows.

According to Article 55 of the Local Public Officials Act, a public official shall not commit any act detrimental to his/her dignity. However, at around 16:00 on November 28, 2013, the Plaintiff took part in an open “E” society with 500 persons, including the Superintendent of the Office of Education, German school teachers D, innovative school teachers, and relevant teachers, etc., in the second floor competition room of the Office of Education of Jeollabuk-do Office of Education, Jeollabuk-do around November 28, 2013. On November 27, 2013, the Plaintiff expressed that “the progress of the events inviting foreigners is difficult to be taken,” stating that “the progress of the events that invited foreigners was not taken into consideration,” and there was a fact that the statement was omitted, and that there was a fact that the Plaintiff damaged public official’s dignity by causing social harm, such as reporting to the media, and the occurrence of paragraph from the Korean Federation of Teachers’ Organizations, etc.

On March 13, 2014, the General Disciplinary Committee on Public Educational Officials in Jeollabuk-do recognized some of the grounds for the disciplinary action as above, and decided to punish the Plaintiff. On March 28, 2014, the Defendant issued a disciplinary measure against the Plaintiff for the following reasons (hereinafter “instant measure”).

No public official shall do any act detrimental to his dignity, and in particular, notwithstanding the use of a correct language in proceeding with an official exercise,

A. On November 28, 2013, the Plaintiff used a somewhat inappropriate language expression in the process of carrying out a society for an official event with 500 persons, including foreign invitation, at the second floor room of the Office of Education of Jeollabuk-do on November 28, 2013, thereby allowing some audience to misunderstanding, unlike their own intent.

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